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THE MIZORAM CLINICAL & HEALTH ESTABLISHMENT

(REGULATION) ACT, 2007
(Act no. 8 0f 2007
[Received the assent of the Governor of Mizoram on 16th April 2007]
AN
ACT

To regulate the clinical establishment to provide better provision with

respect to medicalhealth care of the people through these establishments
and for matters connected therewith or incidental thereto.

Preamble.

Whereas it is expedient to regulate the clinical establishments to provide

better provision with respect to medical-health care of the people through
these establishments and for matters connected therewith or incidental
thereto.

It is enacted in the Fifty Eight Year of the Republic of India as follows :-

1.

Short title, extent and commencement:

1)

This Act may be called the Mizoram Clinical & Health Establishment
(Regulation) Act, 2007.

2)

it shall extend to the whole of the state of Mizoram

Ex-125/2007

3) It shall come into force all such date as the State Government may, by Notification in the official Gazette, appoint.
Definitions. 2. In this Act, unless the context otherwise roquiresa) ""'::Iinical Laboratory" means an establishment wher~ tests
are carhed out for biological, pathological, micro-biological.
biochemical, radiological or any other method analogous to
any tests carried out for diagnosis of disease and health condition .
.
b) "Nursing Home" or "Hospibtl" or "Research Institute"
means any premises or establishment used or intended to be
used for the reception and admission of persons suffering from
illness, injuries or infirmity of body and providing of treatment
and nursing for them and includes a .Maternity HOme or.
Psychiatric care .
c) "Clinical Establishment" means and includes:-

i) a hospital, nursing home, polyclinic, sanatorium, maternity

home, immunization or vaccination clinic, dispensary, dental

clinic, special camps where physically or mentally sick. infirm,
injured or disabled person is admitted as a patient for treatment, observation or care or seer as out patient.
ii) A place cat~ring topatholbgical.
bacteriological. genetic,
r~diolo~ic~l, biol?gical inve~ti~ations or~ther
diogn()s,tic servlccs'wlth the aId and aSSIstance of dOVlcesand eqUJpments
established as an ind.ependentl entity or part of an establishment as defined in (i) above.
d) "Health authority" means State Health Authority constituted
under Section 4.
e) "Ljcensing Authority" means State Health Authority or other
authority. autb:oris..ed by State Government for issue. of License.
.

...

f) "Maternity Home~' meansaJn establishment" Or premises

where WOmenar~usually :received or accomandated or brought
forprovidingante~natal
arpo,st-mltal ..medical or health care
.serviceinconnection witbpregnancy and childbirth.
1l)"PhYsic<t'I'l:her~JlYe.tabHIJent"
onean~ art .estab1ishnlen t
whcrepbysical\. th~rapy, elcctro:-therapy,hydro-therapy, ..J;'eDle.dial gymnastics or .simHal"~ork::isus1,1a:lly .. carried()IIJ();t,"
the.Plu'poseof treatmentJ;~fdi'sease9r. .infirD1i~y
..1'01'. ... impr()V~rnent.Qt healtb or .forthe..pur,pos~of re~ax.iltlOilorJo(.:~~y
othetpurpose
whatsoever, <whether pI ~otanalog()us;to"tlie
pUJ:pose~.he.~eill;\befQrementioned iu<thisclause; ..
;.",

3
Central Act
102 of 1956
Central Act
48 of 1970
Central Act
59 of 1973

Ex-125j2001

h) "Qualified Medical practitioner"

means a person wbo po .
ssesses medical qualification as prescribed in tbe Indian Medical Council Act, 1956, Indian Med~cine and Central Council
Act, 1970 and the Homeopathic Central Council Act 1973 and
who has been registered as a medical practitioner in the
register as provided in the aforemeptioned Acts.
i) "Qualified Dentist" means a perJon posse!sing
recognised by the Dental Council Act.

qualification

j) "Qualified

Nurse" means a nurst possessing any of the quali .

fications included in the scheduled to Nursing Council .Act and
registered as such under any law for the tIme being in force.

k)

"Rules"

means rules made under

this Act.
I

1)

"Prescribed"

means prescribed

m) "Government"

by rules made under this Act~

of Mizoram.

means the Government

Clinical Esta blishment

3. No person shall establish or maintain a clinical estab1i~hment

without registration and a licence granted thereof under this Act.
not to be esProvided that clinical establishment already in existence prior
tablished
to commencement of this Act Shall have to be registered and a
or maintailicence shall be obtained thereafrer. unqer this Act within a period
ned without
of 3 months from the date of promulgation of this Act.
registra tion

allaIicenee

. Constitution

ofSta.te
Health Authorityatid

its terms .

4. (i)TheGov~rnment
may, .bytlotification,constitutean
authorityto be caned theSTATJEHEALTHIAUTHORITY.
TheHealth
Authority shall be a body corporate llavingperpetual
successioD
and.common seal and may sue and b~sued.
. 1

(ii)

The. Health Authority

..

'

shall cons~st of eight1l1embers

inclu-

din.'g the Chairman and shall beconstiltuted

in the following manner:
'.

1. Commissioner/Secretary,Health
man.

ahd Family

2~....pirectorof

Education (DHME}-Member

secretarY"'\i
3~Director

Hospital.&Medical.

of

..............
,..... 1 '....
"
.'
Health Services (PHS)-Me11lber .

Welfare-Chair-

.....

.~d~al$l!~dnte"<lenI,N~aWldvil.n"'Pital~Me!1l~r
.

i..

..\'S~
...,.Re~r~s,entative:
..o~.
.~llrsing .
eryicesl
.not.,..
be.low
.puty.I)lrectortMen;lber\
".,''.. ..
"

"',

."

-,

-,

,-

"-,

ther~nkoY
De-,

Ex-125/2007
'6. Two eminent medical
Governmc nt- Mern bers.

7. Representative

of Indian

to be nomina ted.by

professionals

Medic~l

Association

the

(lMA)-:Men";ber.

nq
The H,:,alth I\~!~hofitv shali be c;lns~jtuted
\vithin six mOD'hs
from the dite of this Ad comes into force and thl;; names of the
membets sh:.dl be pubJis;led
in th? offich 1 GClzette.
(iv)

'1 he

Health

Authority

The lerrn (Jf ron-otfic;ai

date 'of ,,'ppointrnent.

(v:

Ivlaintenan5.
ee of Regi$ter of Cli ..
Lical Esta b-

lisbment.

will be a permanent
IT.eii1bcrs

v, ill be two

{i} The Health

Authority
shall, as soon as may be after its
constitution
~md not l?ter
than six months hO:11 the coming
into Torce of this Act, make orders for maintenance
of a
Regisl,er fer the clinic:l establishment.

(Hi)
be

mentof Re

- 6.

{!istrar and
s'taff.

Qualifica-

tlOn, function, sa lh ry,

duties

7.

and -

\ ear::. from the

(ii) The Register

referred t'Ol in sub-section
th'e names
of all the <clinical establishments
published in the official Gazette.

Appoint-

hody.

The Reghter

shall

be maintained

(1) siiall contain

and sh~ll be

in such form as may

prescribed.

The GOVernment shall appoint or designate a person as Registrar

wbo shaH be the Secretary.
to the Health
Authority
and also
af pO-int the staff if consider
necessary fur carrying
out the
purposes of this Act.

The qualification,

function, duties, s::ibry and allo\vanceS and

such other matters rdating
to the Registrar anQ the stafIshall
be such as may be prescribed
from time to time.

.allOwances

of the Regis-

trar and staff.

Establish-

ment and
maintenance
of clinical

8,

establishment.
Application

for registra-

. tion and
licence.

The Health Authority

may, in' any part '0fMizoram
within its
jurisdiction.
allow to establish ,or maintdn clinical establishment
tor leception,
admission,
treatment
and care of physically
ill
persons, pregnant
.woman and carry
out laboratory procedure
for di~tgnosis of healtn and disease at :mcil p laces as it thinks
fit.

9.

(l)Eveiyapplication

for registration

ment and for. lhe grant

Au'thority. The application
shall be accompalli~d by

in any ciinic,d establish-

shaH b~ made to Health
shall contain
such particulars
and
such fees as may be prescribed.
thereof

Ex~125/2007

(2) The Health AuthQrity. if <nttsfbd that the appliclnt and

the clinic;llestablishment
fulfillcondition~
specified under
Section 10, shall register theapqlicant
in respect of such
establishment and shall grant a licence thereof within 45 days
ftom the date of application for registration and licence. The
registration and the license shall be valid for a period of
three years.
(3) Th,e,:Heallh Autnorityshall rej~ct an anplicati(),n within 45
days -from the. date of receipt of the a pplica tiOG if it is satis
fiedtha~
.
(a) The applicant or the clinical establishment does not ful
fill the conditions specified under section 10.
o

' .

(h) There are nead-equate provisions for maintaining proper

biomedical waste management under existing rules.
(c) In the case ofnursinghome other thana maternity home
that such nursing homeis notu ndtr the cha rge of a qual ified
medical practitioner resident therein round the clock and that
the nursing of persons received. admitted and accommodated
therein is not under the superintendence of a ql!alified nurse
resIdent therein round.. th. clock; orI
(d) In the case of a materoity home that such maternity
home is not under the cha~ge of a qualified medical practitia
ner resident therein round the clo9k ~nd. that the attendan.ce
on every woman before at, or aftercblldblrth or on any chIld
born is not und er the superintendence of a qualified MidWife
resident therein round the clock. I
(4) Where the application is rejected under sub section (3), the
Health Authority shall be record the reason for such rej.~ction
'indo noapplication
shall be rejected unless tbe applicant has
been given an opportunity of showing cause in support of his
Terms and
. conditions
lof' granti.riglieences .

application .....
1O~Everylicensegrabteduncier,
..subs~cti()n (2) ,of section 9 shall
be subject to the terms and conditi;onl. Dlimely;
....

(a) That the clinicaLcstablishment

shaU not

be used

for

immoral purposes.,

.......
-

,.-:

...

....

_-

..

.'

',,'

:.'

(b) That adequatemeasurcSl1alJ

I ..

betaken to keep the clinical

establishmellt in perfectly,hygienic ~nd sanit~ry conciition.
~

.... "". ,:.,

....'.

,.".,

(c).Tli~tadequate1l1e~sure
shaUlbetaken
to dispose of the
.'.garbagesincluding .disp(}~able syringFs.needles, .etc.conforming
,toe~istil1gRuIesandR
tllatiousmad.bY .' ':, tb..Government ..
~
,-","

'-,"

'

,-.".

,,-':'

. -',

.-':.:'

~."

Ex -125/2007
t

(d) That every person keeping or carrying on 3- clinical

establishment shall, submit an immediate
report to the Health
Authority as soon ,as it comes to his notice tha;: ':;;y person
who has been admttted as an outdoOr or indoor pH'1'nt in the
clinical establishment is suffering from or has b::~ attacked
with notifiable diseJses as specified by the Gov(,:! i; :',cnt from
time to time ..
(e) That every clinical establishment records shad 0::: kept in
such from and report submitted to the Health A,,'jthority in
such form, in such manner and at such interv,ds~ :1:) lILay be
prescribed, containiBg(i) The name' and other particulars of each pcr',on who is
received, admitted or accommodated at the CIIUichi c:ic.blishment
~s an outdoor or _indoor patient.
(ii) The name of any of the pIescribed diseases for \viich such
person is treated.'
(iii) The name and other particulars
practitioner who attends bim.
(iv) The amount: paid by each
towards the costs of:-

of

the qualiikd

medical

person admit{ed aLa

treated

(a)

boarding and lodging, if any, aad

(b)

treatment;

(0) birth, death and miscarriage, if any, that takes place in

the clinical establishment during the period to which the report
relates, and

(f) any other terms and conditions

Renewal.

\\-hich may be f'"es~ribed.

It. A

license may be renewed from time to time on an ~;ppIication

made to the Healt.h Authority
in such form and accompanied
by such fees asinay be prescribed and every' such 'application
he rnade;' j
t

(a). in caSe of nursing. home, maternity

less than, ninety days In advance;

.~

home or Hospita;}'mot

(b) in case of c1.inica!laboratory. physiotherapy

thirty days in ad vance;
,
(c) in case o( any ,other. clinical establishment,
six~y days in ~dvance;'
..
Provided that the' renewal off a liceasemay
Health Authority is .satisfied that .

e;:;L

blishment,

not less than

be r~fu .ed if the

"",

J"'

Ex-l 25/200'f

0) the licensee is not in a" position to provide the minimum

farilities pre~cribed tor the admission, treatment or care and
" dAagnost~~"Sfr~ices t~;ferein of patients, pregri~nt women; or
Oi) the licensee is Eot in a position to provide
a qualified
medical practitioner Wi10 is qualified to takt charge of the
nursing home or Ho:-,pital, mat~rnity home, clinical fabof;ttory
and, physioth~rapy establishment; Or

,'._

~,

,2

.'~

'

(iii) the' .lice!{~ee'h~s contravened

any of
this Act or,1 allrrtll~s 'mad~ thereunder.'
"Cancella-

tion or SUS-'
pension of.
registration

the provisions
,

of

The He~tfl1,',Aht4orit~ may, ~uo moto or on complaint for

any breach <?f-Jhe" pr,?v1310ns ot the, Act, the rul~s or the
regulations ,by "i(P-Y" cIinica~ eStablishment', issue notice to it to
S?OW cause. , wi~rlf~,;~ite;:~,~~ys a:s 'to why its registration aud
lIcense ShOUld not be su'Spehded or 'canceUed for the reasons
mentioned III the D;9Ppe"
:fl", .,. '".,!

12...- (1)

and

license.

(2) On receipt of the' show cause ,and after gl vmg a reasOnable opportunity of being 'heard 'to U~e clinical establishment, if
the Health AuthoritY' is satisfIea r-h'at there has been a breach
of the proviSIOns 01 the ACt. or the rules or the regulations It
may, without prejudice 1.0 the cnminal actIOn that l[ may take
against such c!imcal estaQlishmerit," suspend Its registration and
license for sucn period as it may thmk. fit,' or cancel its regIStration or license, as the case may be'...
Appeal

,l3.

Any person aggtieved by an order of tbe Health Authority

refusing to grant or renew a license orsuspetldmg
or cancelling a lIcense, may in such manner and Within luch period as
may be prescribed prefer an appeal to the GoyernmenI:

fI)

Provided that the Government

may entertain an appeal
after the eXF>iryof ,tile pre&cribed periOd if it is satisfied that
the appellant was .prevented by suftIcient cause from preterring
the appear in time.
(2) Every appeal under sub-section (1) shall be, made in SUCh
torm and be accompanieC1 by SU~l1 lee as may 'pe prescribed_

(3) Any order 'passed on appeal shall be final and

be questioned
Order for
closure of
the clInical
establish-

'ment

shall not

in any cour~.

14. If the appeal.p~eferred

under sectiOn 13 is rejected by the
GOVernment In respect of any cllIilcal establIshment,
the Health
Authority shaH thereafter lssue order, for closure of the clinical
est~blishment Wl~~ the. approv.alot the ,Government and the cHillcalestabliShm~h,t
8,4",11 remamclosed
for ~uch periOd till the suspenslpn 9rder is .w:ithdrawn or ,a. 'fresb. registratIon
and license 18
ira~~e4 1n re$pe~t 'of tb.atesta b~lS.atneht,.
'

Ex-l~5/20b7

15. The Government shall a ppoint' District Medical Superintendent

Appointment of
Chief 1fedical Officer (District can~erned) as In~pecting Officer for
lnspecting
the purpose of inspecting the clinical .stablishmest.
officer and
his power
of entry.
Penalty for 16.
..~estab1ishm~nt,
or fv1aintenance
of Clinical Esta blisluuent in
contravention
of the. provision
, of this Act and
. the rules made
there under.

(1) Any person who knowingly establishes or maintains a

cljnical establishment which is 'not duly registered and licensed
under this. Act or contravenes' the provisions of this Act or
rules made thereundershalV,
on conviction, be punishable
with imprisonment
for a term which may extend to one year
of'yVith fine which may cxtel'1~to twenty thousandrupeesor
with both and in the case ofa second or subsequent offences
with i'nprisonment for three years or fine which mayext'end to
fifty t~ousand rupees or with ~oth .
(2) Whoever after conviction under sub-section (1) continues
to, maintain a clinical establishment
shall on conviction be
punishable with fine which. may extend to one thousand rupees
for
the offence continues ! after conviction .
.... ,- which
,...

General
.J 7. Any person, who contravenes any of the provision of this
Provision
Act or oLany rule or regulation, made thereunder for the contraw
nO penalty is expressly provided in this Act.
for punish~ venti on of which
mem of
shall on convictionJ be punishable with imprisonment which may
other offen- ..~xtel1.d.to six me>nths and with fine which may extend to ten
ces.
tbo:Qsand rupees~

Pc-nalty tor 1'8.' Any person who knowingly Serves in a clinical

serving.in
which)s not ..duly registered and li~ensed under tbis
anun,licenis,us~d for imm,oralpurposes
shall . be guilty of an
cedandun~ sb,alL beptinishable
with. fine which may extend to
registered
rupees or with cancellation of his/her registration.
cliniCal
.
.esta blis,hlllent.

b
..) fl"'
'E;n.ce ...

IT'

Companies.

1.;1'.,

establishment
act or which
, offence and
five hundred

(1) Where .an offence .under .,this ..Act . has .,.l?een committed
by a coml?any,ev~ry
person I. who, at the tiIne t,he offence
wascom~ltted
waslDchatge of, anti was responsIble. tothe
compally, for the c()lD;panyshallj be dee.rned to .~e guiltyo~ the
offen~e.andshaJL.be hable to be proc~ededagaillstand
punlsh~d
a~~ordingly
.
.........
.. . Proyic:ld that n()tbingcohtaim~d'

rellderanysuch

in .this sub-section' :shall

if he proves .
wi~hout his knowledge .~r ..that

person li~bleio ailyypunishment

that the o~epce\~ asco~~~ttedl.

he hadexe~clsed all due dlbgellce topr~Yentll1'e

.$uc.hoff'nce~
....
.1

,'

COlllmlSSIon

of

Ex-l 25/200 7

(2) Notwithstanding
anything contained
in suh:-se.ction (1),
wheN an offence under this Act has been committed
\vith
consent or connivance of or is attributable to any neglect on
the part of any Director, Manager,
Secretary or other Officer
of the Company,
such Director, Manager Secretary or othe r
Officer shall also be deemed to be guilty of the offence and
shall be liable to be proceeded against accordingly.

EXPLANATION(a) For the purpose of this section, company means body

corporate and Includes a firm or other association of individual;
and

(b)

'Director'

in relation
.

to a firm means partner

in the firm .
..

Court com. 20. No Court other than that of a. Magistrate of the First Class
petcnt to
shall take cognizance of or try offence under this Act.
.
try .0 ffence.
I
under this
Act andtd..
eognizattcEt

ofofi'ence
Offence
under this
Act except
sectiOM

I'

21. All offence punishable

under this IAct except Offences under
seetion 17 and 18 shall bscognizaole.
.

and 18t-o

be c:ognizat!!lJ.

Savina

22. Nothing contained in this Act, rules and regulations framed

thereunder shall apply. to, clinical establishment, establIshed mainly
by the State Government, Central Government, Defense, Railways
and ..Public Sector Undertaking.
I
....

23.(1)

No suit, . prosecution or other leg~l proceeding shall lie

a.gaiJlst any person for anything
which is in good faith done or
i~tended to be done in pursuance of this Act or any rules, rt:gulatiions or order made thereunder.

(2). ~()suitor
othel'. legal procejeding. shall lie against t,he
99;ve~nmell.t ,for.a~Ydama,~e. 8ausedl orhk~ly to be. caused .for
anythIng. whiCh 1S 1U gopd faIth done ur Intendedtobe
done
in pUfSl1ance. of this Act .or any .,rules, regulat~()ns or order
mi~~ t~.erounq.e~.

Creditol
f,esalld
fi.es.

. <'..................

'.

;..............

24.l).ny . fees,re~eIVci<i

' ..

..

()f .fin~s paldl!nderth~8

frattled .thereunder .shall.be

the Stat".

credHc4tolthe

Act andrules
consolidated Fuud of

10

Ex-125j20n7
Expenses of
the Healtl1
Autbority.

25.

All eXpenses incurred by the Health Au'thority under this Act

and rules made thereunder shall be met out' of the Consolidated Fund of the State. "
'.

Submission 26. (1) Any person in charge of the clinical establishment shall
as soon as may be after any disease which is included under
of report to
the notifiable di ')ease of the Govunment,
cases of burns.
the Health
poisoning or any other cases I sU,spected to; be of medicoleg~J
Authority.
nature make a report of the cases to the Health Authority.
(2) Any ,person in charge~' .of the clinical
esttblishment shall
report all death and birth. still birth as per the rules laid
down.

Power to
27. (1) The ,Gov~rnment may, make rules,
purposes of thIs Act.
make rules.

for carryi,ng.,..oul the

i.'.

(2) In particular
and without prejudice to gentral1ty';o['the
forego~ng power, SUCD rules may provide for all or,a:ny' of the
followIllg matters, namejy;,',,'". , '
(a) the nature or type of patients or perseA to
clinical establishment shaH render serVices;
(b)

whom 'lite

the form in whieh-'

(i) an application may be made for grant or ren~wal ofa

license and a fee payable in respect thereof underJs'~ction'9

an d 11;

(ii) a license may

under section 9.

be granted'

'.. -

"

for the health . establishment

(c) the manner in whiCh ,an ord~r refusing to grant or can

ceIling a Jic~nse shaH be commullIcated under section 9, ~~, as
the case may be under section 12;
. ;""', .'
(d) the manner in which a report may be made to the Health
Authority under clause (e) of section 10;'
.
(e) the minimum facilities/standard
patients in the clinical establishment

required for treatment

in~luding:

(i) Doctor-patient relation;

(ii) other medical and paramedical staff eligible
dering services III the clinical est~blishMent;
(iii) space requi.re~.e~t;
(iv) tre~tment tacllltles; and
tV) equlpmeuts

of

for ren,',

Ex-l 25j2007

11

(f) the manner in ",hich and the condition under which nursing home and Hospital, clinical laeoratory,
physiotherapy
centre shall be maintained;
(g) the form and manner in which and the period witbin
which an aggriev~d person can appeal against tile r..:fJsal tJ
grant licence or renewal of licence or rhe fee pJyab\c in
respe.;t of thereof under section 13;
(h) the form and manner in which record..; sh aU be iTaintained
under cla use (f) of section 10;
(i) the qualification
of person who ;:nay be appointed
pecting Officer and his function salary, erc.

(j) the standards

trol devices;

of quality of air, water and pollution

(k) the procedure

su bstances;

and

safeguards

(1) the procedure

to conduct
Chemical, biologkal, radiological,
tigations and olhers;
(m) any other
prescribed.

manner

which

of

handling

as Inscon

bazardous

tests whether Pathoicf,ical,

bacteriological gene,ic inves
is required to be

or may be

Power to
28. If any doubt or difficulty arifes in giving effect to tbe
r~move del1bts' provisions of tbis Act, the Government may as occasions may
aile fliA1cwtiu
require, by order to anything not inconsistent with tbe provision of thi:; Act or tbe rules made thereund~r, which appears
necessary for the purpose of removing doubt or difficulty.
Provided that nO order shall be issued under this section
after the expiry of a period of two years from the date of
commencement of this Act.

P.Chakraborty,
Secretary to the Govt. of Mizoram,
Law, Judl. & Par. Affairs,
Aizawl.

Pu ed and issued by the Controller, .Printing &. Stati~nefY, Mizmam

Pl:wlW at ~ Mizonun (iovL PIty. &awL ()-;. 850